Madras High CourtCRL OP(MD)/16876/2022disposed of

M. Iyappan v. The Deputy Superintendent Of Police

2022-09-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN M.Iyappan ... Petitioner/ Accused No.2 Vs.

1.The Deputy Superintendent of Police, 2.The Inspector of Police, Alagappapuram Police Station, (Crime No.36 of 2022) ... Respondents 1 & 2/Complainants 3.Chinnammal ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal Sessions Judge cum PCR Judge, Sivagangai to consider the bail application of the petitioner on the same day of their surrender pending investigation in connection with the Crime No.36 of 2022 dated 11.05.2022 on the file of the 2nd Respondent Police.

For Petitioner : Mr.P.Suresh Kumar For Respondents 1 & 2 : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner is the accused in Crime No.36 of 2022 on the file of Alagappapuram Police Station, Karaikudi, Sivagangai District, and the offences alleged against the accused are under Sections 294(b), 323, 324 & 506(ii) of IPC, Section 4 of TNPWH Act and Section 3(1)(r), 3(1)(s) SC/ST Amendment Act, 2015.

2. The present petition filed by the petitioner is to direct the earned Principal Sessions Judge cum PCR Judge, Sivagangai, to accept the surrender of the petitioner and also to consider the bail application on the same day.

3. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

4. The learned Government Advocate (Crl.Side) would submit that injured were discharged from the hospital.

5. Since the prayer itself is to accept the surrender of the petitioner and consider the bail application, this Court is inclined to pass the following 2/4

orders :-

1) The petitioner should appear before the learned Principal Sessions Judge cum PCR Judge, Sivagangai, within a period of 15 days, from the date of uploading the order copy in the website of this Court and

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioner on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15A(5) of the Act.

6. With the above observation, this Criminal Original Petition is disposed of.

30.09.2022 Index : Yes/No Internet:Yes/No dss To 1.The learned Principal Sessions Judge cum PCR Judge, Sivagangai.

2.The Deputy Superintendent of Police, 3/4

G.ILANGOVAN, J., dss 3.The Inspector of Police, Alagappapuram Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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